# C_2007269EN.01007202.xml

| 10.11.2007 | EN | Official Journal of the European Union | C 269/72 |
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10.11.2007

EN

Official Journal of the European Union

C 269/72

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Action brought on 13 September 2007 — Torijano Montero v Council

(Case F-91/07)

(2007/C 269/132)

Language of the case: French

Parties

Applicant: Javier Torijano Montero (Brussels, Belgium) (represented by: S. Rodrigues, R. Albelice and C. Bernard-Glanz, lawyers)

Applicant:

Defendant: Council of the European Union

Defendant:

Form of order sought

| — | annul the notice of vacancy of 31 October 2006 issued by the General Secretariat of the Council, by Staff Note No 171/06, concerning the post of Head of Department ‘External Security’ in the Council Security Office; |
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annul the notice of vacancy of 31 October 2006 issued by the General Secretariat of the Council, by Staff Note No 171/06, concerning the post of Head of Department ‘External Security’ in the Council Security Office;

| — | annul the decision of the appointing authority of 31 May 2007 rejecting the applicant's complaint; |
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annul the decision of the appointing authority of 31 May 2007 rejecting the applicant's complaint;

| — | state to the appointing authorities the consequences of the annulment of the contested decision and, in particular, reconsider the grade requirements in the notice of vacancy in order to allow the applicant to submit his candidature; |
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state to the appointing authorities the consequences of the annulment of the contested decision and, in particular, reconsider the grade requirements in the notice of vacancy in order to allow the applicant to submit his candidature;

| — | order the Council to pay the costs. |
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order the Council to pay the costs.

Pleas in law and main arguments

The applicant, an official in Grade AD 6, challenges the above-mentioned notice of vacancy for limiting the possibility of submitting candidatures for the post of Head of Department ‘External Security’ in the Council Security Office, a post to be filled in Grade AD 11, to officials in Grade AD 8 at least.

After drawing attention to his claim for classification in Grade AD 8 in Case F-76/05 (1), the applicant relies on breach of the principle of legitimate expectations, inasmuch as filling the post at issue would have the effect of causing him to lose his current position as head of the ‘External Security/Protection of Missions’ sector, to the benefit of the candidate selected.

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The applicant claims, in addition, infringement of the interests of the service, inasmuch as the grade required in the notice of vacancy does not allow his candidature to be accepted, despite the fact that he is the best qualified person to carry out the functions stated in the notice of vacancy. Moreover, the administration has not explained how the interests of the service justify the derogation from Article 31(2) of the Staff Regulations of Officials of the European Communities, according to which officials are recruited in Grades AD 5 to AD 8.

The applicant maintains, finally, that the administration has breached the principle of equal treatment and has committed a manifest error of assessment.

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(1)  OJ C 281, 12.11.2005, p. 23 (case initially registered before the Court of First Instance of the European Communities under number T-302/05 and transferred to the European Union Civil Service Tribunal by order of 15.12.2005).

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